People v. Myers

168 N.W.2d 386, 16 Mich. App. 618, 1969 Mich. App. LEXIS 1444

• Court: Michigan Court of Appeals
• Decided: March 27, 1969
• Docket: Docket 3,951
• Status: Published

Opinion

Per Curiam.

Defendant was tried before a jury on a charge of robbery armed, MCLA § 750.529 (Stat Ann 1968 Cum Supp § 28.797) and was convicted January 31, 1967. Following denial of his motion for new trial, he was sentenced and he appeals.

Defendant was charged with robbery armed with a dangerous weapon, to-wit: a knife. Without exactly knowing it was a knife, complainant referred to the instrument as a knife because it was sharp and he felt the pressure of the blade at his throat. Defendant objected to testimony pertaining to a knife and asked that it be stricken. This was denied and defendant claims error.

We find no merit in this claim. The proofs established that the person who robbed was possessed of an instrument with a sharp blade which was held at complainant’s throat. Specific identification of the instrument as a knife was unnecessary. Actual proof of the assailant being armed is not always necessary. People v. Jury (1966), 3 Mich App 427.

Defendant contends he was denied a fair trial because of extensive publicity. He has demonstrated publicity but not of the type involved in Sheppard v. Maxwell (1966), 384 US 333 (86 S Ct 1507, 16 L Ed 2d 600). The latter was his burden. People v. Jenkins (1968), 10 Mich App 257. He has not shown that the publicity influenced the jury. We find no error.

i Inconsistencies in the testimony as to identification of defendant raised no more than an issué of credibility for jury determination.

We find nothing in this record requiring reversal.

Affirmed.